Arbitration Act (Cap. 387), article 10

10. (1) The functions of the Centre shall be: (i) ( a) to promote Malta as a centre for international commercial arbitration; (b) to provide for the conduct of international arbitration in Malta; (c) to encourage domestic arbitration as a means of settling disputes; (d) to provide the necessary facilities for the conduct of arbitration; (e) to advise the Government on any of the matters mentioned in the foregoing sub-paragraphs of this paragraph; (f) to perform such other functions assigned to it by this or any other law; and (g) to perform any other function supplementary or ancillary to the above. (ii) Subject to the other provisions of this Act, the Centre shall have power, exercisable through its Board, to make rules to be published in the Gazette providing for: (a) procedure for arbitrations; (b) the manner and requirements (including any fees payable therefor) for registration of any document under this Act; (c) guidelines and optional models or specimens for the drawing up of arbitration clauses and agreements; and (d) any other matter in connection with which rules may be made under any provision of this Act. (2) The Centre may, from time to time, draw up panels of arbitrators for domestic arbitration and panels of arbitrators for international commercial arbitration: ARBITRATION [CAP. 387. 5 Provided however that a person may be included in more than one panel. (3) Domestic arbitration panels may be appointed on matters related to commerce, insurance, traffic collisions, building construction, the maritime sector and such other fields as the Centre may deem expedient from time to time. The panels shall b e composed of persons who in the opinion of the Centre are qualif ied to carry out the duties and functions of arbitrators in a parti cular field of expertise. (4) The Centre shall establish an International Arbitral Advisory Committee, to be presided by the chairman of the Centr e, which shall have the functions to advise the Centre on any matt er relating to international commercial arbitration and to recomme nd to the Centre persons, who in its opinion, are qualified to car ry out the duties and functions of arbitrators in international commer cial arbitrations. (5) The Centre shall, acting on the recommendation of the International Arbitral Advisory Committee, appoint panels of arbitrators for international commercial arbitration on matters such as international trade, commerce, insurance, investment and the maritime sector. (6) ( a) A person who, in the opinion of the Centre, does not fulfil his duties or functions in arbitration proceedings shall be admonished by the Registrar in order to fulfil those duties or functions, and if that person in the opinion of the Centre persists in not fulfilling his said duties or functions the Centre shall refer the case to a board to be composed of three arbitrators which shall, after considering the case, decide whether there is failure to fulfil duties or functions in arbitration proceedings and, where it finds that there is such failure, the board shall issue such directives as it may deem appropriate so that the said person will fulfil his said duties or functions. It the said person further persists in not fulfilling his duties or functions in arbitration proceedings the board so appointed shall, after considering the case, recommend to the Centre that the said person be either removed from the arbitration proceedings in which he persisted in failing to fulfil his duties or functions or be removed from the group of arbitrators. (b) A person may at any time resign by letter addressed to the Registrar. (c) A removal or resignation as referred to in paragraphs (a) and ( b) shall not be deemed to include the removal or resignation of the person concerned from any arbitration proceedings in which he may have already been appointed before his removal or resignation except as may be expressly provided in a decision of the Centre taken upon the recommendation of the board referred to in paragraph ( a) or in the letter of 6 CAP. 387.] ARBITRATION resignation itself. (7) For the purpose of encouraging settlement of a dispute, the Centre may, with the agreement of the parties and in accordance with rules made by the Centre under this Act, employ mediation, conciliation or other procedures at any time before or during t he arbitration proceedings. PART III Finances Estimates of the Centre.